G.R. No. 129892 - PEOPLE OF THE PHILIPPINES, VS. RODOLFO BARRO, JR.,[1]DECISION - Supreme Court E-Library

Ruling

accordingly certified the case to this Court for review, pursuant to Rule 124, Section 13, of the Rules of Court. The case for the prosecution, as summarized by the Office of the Solicitor General, is as follows: [3] "At about 10:30 o'clock in the evening of 31 October, 1992, witness Villaruel was in his house, with his family, in La Purisima Nuevo, Ocampo, Camarines Sur; some fifty meters away from his house, was the house of Pedro Largo, where in the vacant pig-pen, four persons were having a drinking spree (tsn, May 13, 1994, p. 3); these four were Pedro Largo, Dennis Cano, Ruben Barro and one nicknamed `Onong' (tsn, may 13, 1994, pp. 3 & 4); the drinking partners were talking in a loud voice, impelling Villaruel to go down his house, going in the direction of his neighbor's pig-pen where the rowdy drinkers were, but on his way, he notice Ruben Barro and `Oneng' leave the two namely, Pedro Largo and Dennis Cano sitting side by side, with Dennis Cano's back resting on the cemented wall of the pen (tsn, May 13, 1994, pp. 8 & 11); with his back resting on the wall of the pig-pen; Dennis Cano was suddenly attacked from behind by Rodolfo Barro Jr. with a bladed instrument about a foot long, hitting the former with that first stab just below the left scapula (tsn, May 13, 1994, pp. 5 & 11); the second stab wound inflicted on Cano by Barro Jr. found its mark about 8 inches below the left armpit (tsn, January 20, 1994, pp. 4 & 7; tsn, August 4, 1994, p. 4); even as Cano had already sustained two stab wounds, he still managed to walk in the direction of the house of Pedro Largo some four meters away, where he collapsed (tsn, May 13, 1994, pp. 13 & 15); Pedro Largo and the father of Dennis Cano brought the wounded Dennis Cano by jeep to the Camarines Sur Regional Hospital in Naga City, where, in spite of medical attendance, Cano expired on 6 November, 1992 (tsn, January 20, 1994; pp 6 & 7; tsn, May 13, 1994, p. 6); there is no dispute that Cano died of the stab wounds inflicted on him by Rodolfo Barro, Jr. on the night of 31 October 1992 (tsn, January 20, 1994, p. 7)." Appellant relied on outright denial and alibi for his defense, [4] thus: "Accused Rodolfo Barro, Jr. denied having anything to do with the killing of Dennis Cano. He testified that on the alleged date and time of the stabbing incident, he was at Buang, Tabaco, Albay where he permanently resides. He did not know the victim and had never been to La Purisima, Ocampo, Camarines Sur. And that before his arrest, he had been residing in Buang, Tabaco, Albay, with his family and worked as a permanent laborer in the land owned by Danilo Bonita. (TSN, August 18, 1994, pp. 2-4) Danilo Bonita corroborated the foregoing testimony of accused Rodolfo Barro, Jr. (TSN, October 4, 1994, pp. 3-5)" We shall now review the proceedings below and the evidence offered by the prosecution as well as the defense. On February 2, 1993, the following Information for murder was filed against appellant: [5] "That on or